2010 P Cr (PLP)
SAEEN BUX — Applicant Versus CIVIL JUDGE AND JUDICIAL MAGISTRATE, MATIARI and 9 others — Respondents
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | SAEEN BUX — Applicant Versus CIVIL JUDGE AND JUDICIAL MAGISTRATE, MATIARI and 9 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 P Cr (PLP) (SAEEN BUX — Applicant Versus CIVIL JUDGE AND JUDICIAL MAGISTRATE, MATIARI and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Wali Muhammad Khoso for Respondents Nos.3 to 9.
Headnotes / Summary
S. 561-A
Penal Code (XLV of 1860), Ss.448 & 506
House trespassing and criminal intimidation
F.I.R. was recorded against accused persons alleging that they barged into the house of the complainant armed with fire-arm and hatchets; and threatened the complainant and his family with dire consequences
Complainant also alleged that on way back accused persons took away buffaloes and goats and also damaged the electricity meter of the complainant
Investigating Officer, in his report under S.173, Cr.P.C. had disclosed that both the witnesses of the complainant had instead supporting the complainant, had stated that allegations of advancing threats and taking away the buffaloes and goats of the complainant and also causing damage to the electricity meter were false and Investigating Officer recommended the disposal of the case in `B' class
Complainant in his application had submitted that the report of Investigating Officer was false
Impugned order was set aside with direction to Investigating Officer to carry out re-investigation after recording the statements of the said two witnesses.
Judgment & Decree
MAQBOOL BAQAR, J.
In the present case on the basis of statement recorded by the present applicant/complainant F.I.R. was recorded against respondents Nos.3 to 9, in which it was alleged that the private respondents barged into the house of the complainant. They were armed with fire-arms and hatchets. The said respondents threatened the complainant and his family of dire consequences and on the way back took away buffaloes and goats and also damaged the electricity meter. However, after investigation, the Investigating Officer submitted report under section 173, Cr.P.C. disclosing that both the witnesses of the complainant namely Allah Jurio and Allah Rakhio have instead of supporting the applicant/complainant, stated that the allegations of advancing threats and of taking away the buffaloes and Goats of the complainant and also of causing damage to the electricity meter are false and recommended the disposal of the case in "B" Class. The applicant/complainant through the present application has submitted that the report is false. He has also filed two separate affidavits of the above two witnesses wherein it is stated that their statements have not been recorded by the Investigating Officer. I would in the circumstances set aside the impugned order and direct the Investigating Officer to carry out re-investigation afresh after recording the statements of the above two witnesses and submit report within 15 days from receipt of a copy of this order. Copy of this order be sent to the Investigating Officer for compliance. The Criminal Miscellaneous Application along with pending application(s) stands disposed of in the foregoing terms. H.B.T./S-31/K Order accordingly.